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joint trial for Annulment and RCR under 151?

I have filed RCR and wife filed for annulment on my alleged impotency. Now, even at evidece stage she did not asked for my medical checkup. Then they were given time for steps, and on next date she filed application for joint trial for both Annulment and RCR under ipc 151. The reason they cited is that the subject matter in both Annulment & RCR are same. Moreover there is a chance of getting different decrees if both cases move independently.

I plan to get RCR decree in my favour so as i can use it as a ground for divorce later. So, is it advisable to joint both cases?

Can I successfully object this application and ask for seperate trial? If, yes, what are the important points that should I mention in my objection. Please advise.



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 1 Replies

niranjan (civil practice)     14 July 2011

The idea of consolidating the two suits is to a void conflicting decisions.If you get decree in RCR and wife also is successful in getting the decree of annjulment,would be conflicting decrees and so in such circumstances,wife's lawyer has rightly asked to consolidate both the suits,so that the same court can come to conclusion on single set of evidence.I do not think that you should object.


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